[HISTORY: Adopted by the Township Council of the Township of Brick 2-15-1972 by Ord. No. 123-72 (Ch. 66 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 453.
There is hereby created and established a Municipal Shade Tree Commission in the Township of Brick, in the County of Ocean and State of New Jersey.
Said Municipal Shade Tree Commission is created for the regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the municipality.
Said Commission shall consist of five members, who shall be appointed by the Mayor and who shall be residents of the municipality. The members shall serve without compensation. The first Commissioners shall be appointed within 60 days after passage of this chapter. The terms of office shall commence upon the day of their appointment and be for the respective periods of one, two, three, four and five years, beginning on January 1 next succeeding such appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1. The Chairman of said Commission shall be elected by said members of the Commission.
The Commission shall appoint a Secretary, who need not be a member. The salary of said Secretary shall be fixed by a separate ordinance. The salary of all other employees shall be fixed by the Commission.
Said Municipal Shade Tree Commission shall have the following powers and duties:
A. 
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway including the planting, trimming, spraying, care and protection thereof.
B. 
Regulate and control the use of the ground surrounding the same so far as may be necessary for their proper growth, care and protection.
C. 
Move or require the removal of any tree or part thereof dangerous to public safety.
D. 
Care for and control such parks and parkways and encourage arboriculture.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Administer treatment to or remove any tree situated on private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the municipality.
A. 
In accordance with N.J.S.A. 40:64-11, during the month of December in each year the Shade Tree Commission shall certify to the governing body of the municipality the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made:
(1) 
Payment of wages and salaries of employees.
(2) 
Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings.
(3) 
Purchase of trees and shrubbery.
(4) 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
B. 
The governing body of the municipality shall annually appropriate such sum as it may deem necessary for said purposes.
A. 
In accordance with the provisions of N.J.S.A. 40:64-8, except as hereinafter provided, the initial cost of all trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the Collector of Taxes of the municipality, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof and shall be collected in the same manner as other taxes against that property.
B. 
The provisions of this section shall not apply to:
(1) 
A planting to replace a tree or trees theretofore planted by the Commission.
(2) 
A planting in connection with Arbor Day exercises or other educational demonstration.
In accordance with N.J.S.A. 40:64-10, no statute giving any person or state, county or municipal board, body or official power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such person, board, body or official for the general public good. [1]
[1]
Editor's Note: Original § 66-9, Authority to prescribe fine, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In accordance with N.J.S.A. 40:64-13, all money collected in any municipality, either as fines or penalties, for any violation of a rule or regulation of a Shade Tree Commission or as a charge against real estate, under any provision of this chapter, shall be forthwith paid over to the municipal officer empowered to be custodian of the funds of the municipality.
In accordance with N.J.S.A. 40:64-14, nothing in this chapter or N.J.S.A. 40:64-1 et seq. contained shall be construed to make any Shade Tree Commission or any member thereof responsible for the death or injury of any person or for an injury to any property or highway tree or shrub.